Remember when every H-1b working for a staffing company required an end client letter ? Recall how difficult it was to obtain them and remember hearing anecdotes about certain companies being “creative” in obtaining them ? In at least one instance, a Federal Indictment has been issued and charges have been brought alleging the preparation… Continue reading H-1b End Client Letters leading to an Indictment !
The DOL recently announced that it was hiring an additional 100 investigators to enforce Wage and Hour regulations which include the LCA H-1b program. We would encourage all employers to regularly audit your LCA compliance.
In an industry where sub-contracting is common, IT staffing companies must be cautious in dealing with a sub-vendor that employs H-1b workers. There are a number of documented cases where those H-1b workers are not in status, not being paid properly, and in essence being held hostage by an unscrupulous vendor. In one recent case,… Continue reading IT Staffing Companies Beware
In a real-world example of how a misunderstanding of how to conduct employment eligibility verification, the Department of Justice recently published a settlement agreement that demonstrates how a nuanced requirement for human resource professionals can be quite costly to the organization at large. Recently, the Immigrant and Employee Rights Section (IER) of the Civil Rights… Continue reading Settlement Highlights Importance of HR Training
U.S. Immigration and Customs Enforcement (ICE) today announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year. The Department of Homeland Security (DHS) will extend this policy until March 31, 2021. On March 19, 2020, DHS announced that it would exercise prosecutorial discretion to defer the… Continue reading ICE Extends the I-9 Flexibility Rules Related to Form I-9 for Remote Work
And you thought he was done. Not even close. When your goal is to destroy legal immigration and make it out of reach for everyone but, the richest, you keep fighting to the end and that is exactly what the Trump Administration is doing. Today, the DOL released in Final Rule format the rule they… Continue reading “New” DOL Regulations !
Recently, the DOJ has filed a lawsuit against Facebook over its PERM program. At its core, the complaint alleges that Facebook did not advertise as effectively or recruit as aggressively for its positions associated with PERM applications as it did for other openings. An excerpt from the press release is telling: “In its investigation, the… Continue reading DOJ vs. Facebook
The Department of Justice (DOJ) finalized a settlement agreement with Fleetlogix Inc. (Fleetlogix) regarding claims that they discriminated again non-US citizens who were work authorized. Fleetlogix is based in San Diego, California and operates offices nationwide that provide cleaning and transportation services to rental car companies. Specifically, the DOJ alleged that Fleetlogix required these non-US… Continue reading Company Fined $627,000 for I-9 Anti-Discrimination Provision Violations
The USCIS posted a reminder to F-1 students working on OPT and OPT STEM about monitoring the duration of all periods of unemployment as exceeding the cumulative allowance can leave a student without legal status and impact future change of status filings. One of the most common RFE’s issued in H-1b cap cases is demanding… Continue reading USCIS Reminder to F-1 Students
Lawsuits against the USCIS do work and spur change. As a result of a class action lawsuit filed by AILA member Rob Cohen, which challenged the post-approval delays in EAD issuance, USCIS will now allow people to show the I-797 approval notice as proof of authorization to work: See this update on I-9 Central The… Continue reading Changes to I-9 Rules
The DOL has recently announced that the USCIS has agreed to start sharing data with the DOL regarding potential LCA violations that are detected as part of a non-immigrant or immigrant petition filing. For example, if an H-1b worker is transferring her H-1b petition from Co. A to Co. B and the last pay-stubs presented… Continue reading DOL and USCIS Playing Nice